Portsmouth hotel settles copyright lawsuit for Ophelia music

Dominica's "Lady of Song", Ophelia Marie. Photo credit: Mc Carthy Marie
Dominica's "Lady of Song Ophelia Marie. Photo courtesy Mc Carthy Marie.

Comfortel de Champs has agreed to pay Mark off Music Publishing Co. $27, 000 in compensation and legal costs for copyright infringement of three songs belonging to its claimants Mc Carthy and Ophelia Marie.

According to a press release, the claimants’ suit alleged that Hans Schilders, Lise Van de Kamp and Go DM Ltd infringed on their copyright in three songs, “Au fond Sommeil”, “Go Easy”, and “Aie Dominique”. The claimants also contended that their copyright and related rights in the sound recordings of “Au Fond Sommeil” and “Go Easy” were simultaneously infringed.

At a court mediated alternative dispute resolution meeting last Thursday the parties reached an agreement for the compensation stated to be paid, as well as the claimants’ legal costs.  The agreement was mediated by Julian Johnson.  Counsel for the claimants was Noelize Knight of Gerard Burton Chambers, while the defendants were represented by Kondwani Williams of Williams and Horsford Chambers.

The specific acts of infringement committed in the making and posting of videos to the defendants’ website as well as video hosting sites YOUTUBE and METACAFE were:

  1. Making unlicensed and unauthorised reproductions of the said works;
  2. Making unlicensed and unauthorised communications to the public of the works in question;
  3. Making unlicensed and unauthorised reproduction of the sound recordings of “Au Fond Sommeil “and “Go Easy”;
  4. Making the sound recordings of the works “Au Fond Sommeil” and “Go Easy” available to the public without licence or authority;
  5. Making the fixed performances of Ophelia MARIE on the works “Au Fond Sommeil” and “Go Easy” available to the public without licence or authority;
  6. Infringement of the moral right of paternity of Mc Carthy Marie and Ophelia Marie by not indicating their authorship in connection with the public use of their works.
  7. Infringement of the moral right of  integrity of Mc Carthy Marie and Ophelia Marie by cutting and pasting portions of their works without first obtaining a waiver from the authors of their said right of integrity in their works.

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35 Comments

  1. March 1, 2010

    belzbob

    Thanks for your feed back. However you say that artists “play music.” We do not play music sir or madame. We WORK in the music industry. Big difference between ” play” and “WORK”.

    • BELZBOB
      June 4, 2010

      By nature work isn’t fun. If you don’t enjoy making music, then you’re only doing it for money. That I don’t subscribe to. When you “play” music and you get paid for it, it’s the best feeling in the world. I have done venues when music was work and all the money in the world couldn’t make me feel good or want to do another night like that. I have done free shows where together with other artists we just did it freestyle and that is honestly what it’s all about. Getting paid for a session like that is just pure bliss.

      However, with a calmer head on my shoulders than when I first blogged about this topic, let me say that I think you are trying to do something good for the artists in Dominica and the Caribbean as I have come to understand it, I may be wrong, but I think that there is a lot that is not said about the rules and the collection on the money, etc, and these need to be cleared up. And thank you for not making a bigger mess of the cricket incident.

      I think you need to sit with the talent in Dominica and see what they want. Open their eyes to what’s there and give them a voice in what you are trying to accomplish. Forcing these regulations down the throats of the people is only going to produce regurgitation.

      • June 8, 2010

        The laws of Dominica are online on the government’s website. Here is a link directly to the copyright act of Dominica.

        http://www.dominica.gov.dm/laws/2003/act5-2003.pdf

        By the way I was in Antigua las week giving a lecture as part of a 2 day training seminar entitled “How to make a living from Music”. The main facilitator was a Uk gentleman who has managed and been involved in the music business in the UK for more than 40 years. Not one single Dominican musician , artist,manager or producer was there. they all found it too expensive I suppose. I personally told at least 10 persons who are involved in music business in Dominica about the seminar so I know their absence was not because of a lack of information.

        Nobody wants to pay for his education, neither in cash, nor sweat. Here is a book you can buy to help u understand how the music business works

        WIPO Publication Number: 939

        ISBN: 978-92-805-1708-8
        Number of Pages: 150

        You can find the book by visiting http://www.wipo.int/ebookshop

        if you are interested in how the music business works and how copyright and related rights are at the heart of business in music I highly recommend it to you. However if you simply love making music for your own enjoyment you can skip this.

    • BELZBOB
      June 4, 2010

      Here is an invitation for you. We live in the technological age as we like to call it, even though I think technology is just beginning it’s birth of advancement; but that’s another topic. Why don’t you post the rules and regulations, the LAW, pertaining to the subject matter at hand online where basically everyone in this industry today will be privy to it. Then it can become a wider discussion and become set in stone and everyone will know what is and isn’t allowed.

      One of the things I have noticed is the lack of information out there. I heard about your seminars and so on, but how many people are you going to reach ?? Put it up online, I’m sure you’ll reach a lot more people and get a lot more response.

      You have been invited.

      • June 8, 2010

        I notice that you head about our seminars, but never attended. Question is why you did not attend..joy.y he way I am not a musician.

        Work is joy my friend. I love the work i do. I assume you do as well. Obviously some people do work which they do not enjoy In my particular case I could do many things to make a living probably a much better living, but I chose to work in music. By the way I am not a musician at all.

  2. March 1, 2010

    Mr true musician you make an interesting point. As i Understand it you are happy to perform for the public and receive payment. I notice you did not say that you loved your fans so much that you did not charge anyone for your live performances!

    It is also instructive that although you write and perform all your songs on your CD’s somebody else actually pays the money for the recordings. Those persons (your producers) do not participate in your live performance revenue, or do they? if they allowed you to give away the CD’s they financed and promoted how do you propose they continue to finance your recordings? selling drugs or engaging in armed robbery? Do your producers pay you any royalties on Cd sales? or any mechanical royalties for the right to manufacture CD’s with your songs? By the way are you a member of a PRO?

    If you read my first intervention you would have noticed that I said we do not play music; neither live nor recorded. We WORK in the music industry meaning we expect to get paid for what we do. We also pay everybody who works for or with us— musicians, photographers dress designers, dancers, choreographers, videographers. Although it is unfortunate that I am very well educated I simply can’t apologize for my knowledge or education. Sorry about that.

    With respect to copyright since copyright is a persons private property you are entirely free to do with your property as you please. I f you feel to give it away that is your right. We do not wish to give away ours anymore than the coconut farmer gives away his coconuts!.

    Who is a true artist…….. very interesting question; but I can’t comment on this since i have no idea who you are or what you do or have done.

  3. Lorac
    March 1, 2010

    Hey so called True Musicians! No fans were punished in this instance. What Ophelia and her husband have fought for is the use of her music on a hotel’s website without their permission for the hotel’s benefit……..NO WAY!!!! Ophelia is a real artist and has performed free of charge at various functions she has chosen to. Well done Maries!

  4. True Musician
    February 28, 2010

    Hi everyone. I would l ike to consider myself a true musician. I write my songs entirely. I play all the instruments on my albums when cutting a record. My production company insists on releasing CD’s and so i let them and they basically handle mostly everthing that goes on with that together with my manager. I do get paid for it and I’m not going to say that I don’t like getting paid. However, to me there is no experiencing the joy of having someone enjoy my music with me when they buy my CD and take it home with them. My company hates when I say this but they have always known this is my position. When I do a live show i demand the best from my band and myself and I try to deliver my music to my fans in a way that hearing it on a CD just can’t compare. That’s where I believe a true artist is formed.
    What I have come to realise is that a lot of artists can deliver very good albums on CD, but when I’m invited to their shows, honestly, they suck. The fans may come for one or two good songs and they rest of the show is basically nothing. Sometimes the band can’t even play the music proper, or the singer can’t hit the notes like they do on the CD, or sometimes they come with a DJ and basically run the CD and sing over it. Is that why people are now pushing the copyright laws to such extreemes?
    I pride myself on the fact that I deliver good CD’s, but I’m even more proud that I think that I give my fans an ever better experience at my shows.
    We artists have forgotten that we should be making money on the shows and just use the recordings as promotions. If we get paid for promoting, then even the better. But don’t punnish or shun our fans.

    Peace Love Unity.

    • BELZBOB
      June 4, 2010

      You are what I look for in a musician. The thing I hate the most is when I hear the music of an artist or group and fall in love with it so much that I make an effort to go to their show only to be greatly disappointed at their live performance. Very few local groups can deliver anywhere close to their recordings when performing live and hence I only go to very few shows. I wish your management could see how important it is to have a musician with such high standards and expectations of himself and other in the industry and I wish they would let you promote yourself on the level.

  5. Lorac
    February 27, 2010

    Even after Mark explained what the lawsuit is all about some Dominicans still don’t understand……… or they are just stubborn? I am happy that Ophelia and Mark has set the pace for others to follow. They have to protect their children’s inheritance. They have a right to do what they did and to them I say Kudos! These people need to pay for infringment. How dare you Comfortel de Champs….. you don’t know who you dealing with? The Maries are educated folks. If they were in the states they would have gotten a lot more so you just lucky that happened in Dominica! To all you other artists in Dominica I hope you learn from them and fight for what is yours. No more copyrighting. It is the law!

  6. BELZBOB
    February 27, 2010

    And by the way people, there is a big difference between using music to advertise something and playing it in a bar. when ‘playing’ the recorded music in a bar, the music isn’t advertising the bar is it? In that case, when I have to pay to use music in my bar, I want the music to mention the name of my bar and the promotions that my bar entails. If not, i want my money back.

  7. BELZBOB
    February 27, 2010

    To : Stranger and Mc carthy Marie

    The artist that play music know that the most important thing about music is having it heard. Getting paid for producing the music comes second. I have no problem with the efforts of preventing people from illegally copying music (hence the term COPYright) but when you want to prevent me from listening to the music that I’ve paid for at my leisure, that’s where i draw the line. It’s ridiculous.

  8. BELZBOB
    February 27, 2010

    I think that people everywhere and especially in our beautiful country Dominica should ban playing, listening and buying all music associated with these people that are making a real mockery of the copyright process and how it is supposed to be instituted. I want nothing to do with any music, video, literature and\or anything else that has ‘his or her’ name on it. I’m now affraid to mention ‘his’ name because i don’t know if he has a copyright on it.

  9. Pirate
    February 22, 2010

    who want ophelia borring muzic???? mac mary plz man u can try ur guts out u will NEVER stop piracy in dominica…. before a new some come out it on youtube,limewire,piratebay,,, garcon all time i can dowload muzic to sell i doing ….. dah man maybe have a whole hip of download muzic on his pc… “nobody doe tell me no” the only that can is up is if them producers copy protect their cds buh then again it got nuffing programs online to break that code…..so my pardner is best u give up on that and stop sucking the pocket of we the poor ppl..even cricket the man prevented us from seeing couple yrs aback…

  10. Ikoma
    February 22, 2010

    i dont understand this kinda thing.while them have limewire and dem other sites to download and play music,why are they not suing these companies???hmmm…something not right here.ppl,this whole things is a systematic ting!another police and thief cat and mouse kind of game this.just like them build them guns and make laws against ppl with guns and those who shoot other ppl.its part of the wicked manmade system! cat and mouse, police and thief!

  11. Stranger
    February 22, 2010

    Some of the people who come on here and comment are “SO LOW Minded” its not even funny. She was well within her rights to ask for a settlement for her music and let this be a warning to those other artists who plagiarize the efforts of other.

    “@ That Not Enough”, its mind sets like yours that have Dominica one of the riches in terms of resource but one of the poorest in terms on development within the entire Caribbean. These people are foreign investors and for you to sound like they should not be in Dominica providing work for we Domincans is just plain ignorant. You need to travel around the entire Caribbean to see that its people like that who aid in the development process and for you not to realize that these people are assets and come on here and make it sound like they are rubbing us by building accommodation so people can stay when they come to visit is just plain “Dumb”. I seriously hope no one here shares this very sad ideology.

  12. February 22, 2010

    Let me see if I can clear up some misunderstandings. In the first place We do not “play Music”. We participate in the music business which is a copyright business. People who play music have a very different approach to so-called publicity. The way one generates revenue in the music business is from creating and managing copyright which we have been doing for the last 30 years.

    Comfortel de Champs did not engage in piracy i.e reproducing recordings for sale without permission as DBS did in 2004 and for which I sued them. Incidentally one of the songs I named in the suit against DBS is COCO Sec by CHUBBY. Practically every day some body tells me that CHUBBY should be a millionaire, but the people who have his money and should pay him never do yet they want him to become a millionaire!!!!!!!!!!!

    We give people permission all the time to use our music for free; but we decide when , to whom and for what purpose, Not to mention that Ophelia regularly sings at all sorts of events that she wants to support free of charge.

    We spend our time creating and recording music and writing articles; that is the inheritance we will leave to our children and we are quite determined that their inheritance will remain intact and as valuable as we can make it. Most people in Dominica spend inordinate amounts of time acquiring land and fighting over land. They fight so much over land that a special judge has to appointed just to deal with land cases! We will never be in that court.

    I am personally pleased that quite a few other artists /songwriters have filed suit to protect their rights – Michele Henderson, Daryll Bobb and Pat Aaron among others. In so far as they are following in my footsteps i feel thoroughly fulfilled.

  13. Sach
    February 22, 2010

    are they really that broke that they need to exploit people to make money now?

  14. CHAMER
    February 22, 2010

    ARE THESE THE ONLY PERSON WHO HAVE USED HER SONGS ? AND TO ALLL THOSE OF U SAYING OPHI IS RIGHT I HOPE U DONT DO THE PIRATING ALSO CAUSE WHEN U PASS ON THE STREETS IN ROSEAU U HAVE A BUNCH OF PERSONS SELLING PIRATED MUSIC AND MOVIES BUT U BUY IT FROM THEM SO THAT MAKES U PIRATES ALSO BECAUSE U RATHER BUY FROM THEM THAN TO GO IN THE MUSICE STORES AND BUT THE ORIGINALS. AS LONG AS THESE PEOPLE DID NOT USE HER SONG TO MAKE MONEY FROM HER MUSIC I SEE NO REASON TO MAKE THEM PAY. I DONT SUPPORT PIRATING. STILL I AGREE WITH VALDA.

  15. soufriere constituency
    February 22, 2010

    i just find mc marie and them just greedy and just looking for any way to make money, they spend so many years not making money from music so now mc marie into rights! what the joke is all that about, so then we need mc marie’s permission to buy a tv and a radio. what utta rubbish

  16. Delices Lady
    February 22, 2010

    Congrats to Ophelia and Mark.

    It is about time that persons begin showing respect to artists. The copyright laws are there to protect everyone. We should all make it our business to know what is in those laws.

    I personally believe it is unfair for an artist to spend thousands on an album and the end result is, someone else benefiting and not the artist himself/herself.

    In the Dominica and the Caribbean by extension, we do not take this thing seriously. But this is serious business.

    Does anyone ever wonder if permission is sought before a song is used in a movie? Well my people, if the movie directors cannot get a hold of the owners of the music they DO NOT use the song(s) since that would be infringement.

    May I take the opportunity to encourage everyone of us to know our rights. Ignorance of the law is no excuse.

  17. A True Dominican/GrandBayrian in the u.s.a
    February 22, 2010

    Valda, I don’t think that’s what the Maries are implying. In order to use artists’ songs in that way, those who wis to do so should respect the artists’ right and not infringe. The Maries have the legal right to do what they have done. There is a patent ( a grant made by a government that confers upon the creator of an invention the sole right to make, use, and sell that invention for a period of time). The definiton of patent was according to the American Heritage Clooege dictionary. Just as
    I used that dictionry I could not take the credit, especially in wrinig if i were in college. That would be called plagiarism,(to use and pass off as one’s own the ideas or writing of another).

    The queen of Cadence-Lypso and her husband are not fools and they are within their legal rights as far as this matter is concerned.

    Ophhelia my dear, continue to shine. I love you.

  18. steve
    February 22, 2010

    ((((((((Shame Shame Shame )))))We use other people muic in dominica all the time to so whatever we want. Let us look at some of the Dominica based websites where we see songs of other artist being played and reproduced. Some of our top bands in Dominica cut copy and paste some of the worlds top artist. Ophelia and her husband should be ashamed cause these website did no harm to the song instead it promoted our music and the island. Shame shame shame.

  19. .......I.........
    February 22, 2010

    Why are these the only people getting sued for pirating? Is it because they were the obvious to do the mention. I grew up in DA and I know almost everyone pirates any music down there! These music artists like to make money of the public but now they want to put all kinds of rules and regualtions on what you can do with music you may have bought. If I buy a cd and I decide to copy for my friends its my choice not ophelia’s choice because its my cd I can do whatever I want to do with it. And for those people attacking those “white” people verbally on DNO, please don’t get nasty with investors. These white people many of them in DA are great people to know, don’t be envious thaht many of them work their whole lives and are able to use their savings to invest in DA. They could go in any other country but they cose DA, so lets calm down on the white tone, because the last I heard all you black people in Dominica still trying to get those White cruise ships on the harbour in Roseau, Fond cole and down possie. Lets have some respect!

  20. That not enougth
    February 22, 2010

    That is so good. Those WHITE PEOPLE too bold, they already come to our country get our land for nothing have they hotel making big money and still pirating from our biggest star. U SHOULD CHARGE THEM MORE THEN THAT.

    • Anonymous
      April 15, 2010

      if it wasn’t for THESE white people ya’lls country would have NOTHING!!!!!!!!!!!!!!! They bring in alot of revenue for your economy so calm it down….trust me They could have chosen ANY island but they chose DA….and black people say white people are racist. It certainly works both ways in your case! Get educated…..and by educated i mean culture. And FYI..i’m not white AND i live in DA.

  21. Sami
    February 22, 2010

    I have to agree with you valda … i guess before we play the songs we need to get permission..soon we need to ask all the musicians to use thier music

  22. BAN
    February 22, 2010

    I find this to be somewhat good and also strongly agrees to Vala’s final comment.

  23. Well...
    February 22, 2010

    I agree that a person’s song should not be used for profit without their permission. But these guys want to tell you that you cannot even play a radio in an office. You even afraid to put on the television in your business place before some people come about saying you have to pay gwo toto laga.

    So in the meantime, you turn it off. And who suffers. Not the business place, but the artist whose song might just be heard by the right person who decides to purchase a CD.

    And the thing that bothers me is that it is not even the artist that comes about asking for the money.

  24. AMOSQUITO
    February 22, 2010

    I AGREE WITH YOU VALDA, THE FACT THAT INFRINGEMENT INCLUDES PLAYING MATERIAL IN PUBLIC PLACES LIKE BUSES AND SUCH LIKE, MAY CAUSE RELUCTANCY FOR AIRPLAY IN ANY PUBLIC ARENA, WHICH MEANS A LOSS TO THE ARTIST FROM PUBLIC LISTENING AND PURCHASING, TAKING INTO CONSIDERATION THE AWARD AMOUNT OF $27,000. I HOPE IT IS EC AND NOT US

  25. diva
    February 22, 2010

    i agree with valda.;it’s not fair , but in now everything passes through you tube and some people really get discovered through these sites.;; it’s a kind advertisement.. i’m happy she won her case cause there are laws.. but that might affect her internationaly and people might be afraid to use her music even more bother too ask permission…

  26. RECOGNITION
    February 22, 2010

    Our Musical Queen, Ophelia Marie deserves Respect! Pirating is totally illegal!!!! Copyright laws must be adhered to and respected!!

    Litigation is the only way to teach a lesson to those who pirate other persons work! One’s original work must be recognised!

    Permission should have been sought!

    Music Lover

  27. Jayson
    February 21, 2010

    It’s about time someone stood up for their rights!

    If you want to use my work, then PAY FOR IT, or at least seek my permission!

    Well done to the Marie’s!

  28. observer
    February 21, 2010

    Go for it Ohpelia!!
    Make dem respect your work!
    … look out!!

  29. Valda Bruno-Durand
    February 21, 2010

    I AGREE IF YOU CANNOT MAKE THE MONEY BY SELLING ALBUMS MAKE IT ON THOSE THAT PIRATE. BE CAREFUL WITH THAT THOUGH YOU MAY FIND THAT NO ONE WILL WANT TO USE YOUR SONGS.

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